Suretyship in context: the relations between the debtor and the surety Cover Image
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Fideiusiunea în context: legăturile (i.e. relaţiile) dintre debitor şi fideiusor
Suretyship in context: the relations between the debtor and the surety

Author(s): Adrian Tamba
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: suretyship; context; management of the business of another; mandate; innominate contract; promise of suretyship; stipulation for another; stipulation of a contract for another;

Summary/Abstract: The suretyship contract is made between the creditor and the surety. Of course, this contract does not exist in vacuum. It is placed in a certain context: the relations between the debtor and the surety. It remains to be seen by what type of relations the debtor and the surety are bound. Are we in the presence of a so called management of the business of another, of a mandate, of an innominate contract, of a promise of suretyship, of a stipulation for another, or of a stipulation of a contract for another?To my mind, the stipulation of a contract (of suretyhip) for another is the most interesting avenue. Nonetheless, this stipulation is not the illustration of perfection.

  • Issue Year: 2019
  • Issue No: 04
  • Page Range: 365-385
  • Page Count: 20
  • Language: Romanian